Islam v. United States Postal Service

Background

Mohammad T. Islam, who was proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964 and the Family and Medical Leave Act. He named the United States Postal Service, “APWU President/Secretary,” Michelle Mayer, Henry Joegrind, and Denise Holland as defendants. The court had previously allowed Islam to proceed without paying filing fees.

Claims Against the Postal Service

The court held that sovereign immunity—the general protection that prevents lawsuits against the federal government unless it has agreed to be sued—barred Islam’s claims against the Postal Service, a federal agency. The court therefore dismissed those claims under the federal statute governing screening of cases filed without prepaying fees and, as a result, for lack of subject-matter jurisdiction.

Because Islam was proceeding without a lawyer, the court construed his complaint as asserting claims against Postmaster General Louis DeJoy. It directed the clerk to replace the Postal Service with DeJoy in the case. The court stated that this amendment was without prejudice to any defenses DeJoy might assert.

Claims Against the Other Defendants

The court dismissed Islam’s claims against “APWU President/Secretary,” Michelle Mayer, Henry Joegrind, and Denise Holland for failure to state a claim. The court explained that the complaint did not allege facts describing what any of these defendants did to violate Islam’s rights; apart from being listed as defendants, they were not mentioned in the complaint.

The court granted Islam 30 days’ leave to replead these claims in an amended complaint. The amended complaint must contain a short and plain statement showing why each defendant is liable. It will replace, rather than supplement, the original complaint, so Islam must repeat any facts or claims from the original complaint that he wishes to keep.

Service and Appeal-Fee Status

Because Islam had been allowed to proceed without prepaying fees, the court directed the clerk to issue a summons and prepare the paperwork needed for the U.S. Marshals Service to serve DeJoy. The court stated that service must occur within 90 days after the summons is issued, unless Islam requests more time. The court also directed the clerk to mail Islam an information package.

The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Disposition

The court dismissed the claims against the United States Postal Service; directed that Louis DeJoy be added as a defendant; dismissed the claims against “APWU President/Secretary,” Michelle Mayer, Henry Joegrind, and Denise Holland while granting 30 days’ leave to replead; and directed service on DeJoy.